Ranney v. Barlow
Supreme Court of the United States
IN ERROR TO THE CIRCUIT .COURT OF THE UNITED STATES FOR TIIE NORTHERN DISTRICT OF OHIO. This was an action at law brought by the defendants in error, Samuel L. M. Barlow and Charles Day, against the plaintiff in error, Silas S. Stone. The petition ivas framed' according to the rules prescribed by the'code of Ohio, and’was “ for money only.”
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IN ERROR TO THE CIRCUIT .COURT OF THE UNITED STATES FOR TIIE NORTHERN DISTRICT OF OHIO. This was an action at law brought by the defendants in error, Samuel L. M. Barlow and Charles Day, against the plaintiff in error, Silas S. Stone. The petition ivas framed' according to the rules prescribed by the'code of Ohio, and’was “ for money only.” The action, generally stated, was based on the following averments of the petition, to wit, that the defendant, being the joint owner in common with the plaintiffs of a tract of land, and being their agent to take care of and negotiate sales of the land,…
1Opinion of the CourtJustice Woods
He stated the facts in the foregoing language, and continued:
We think there was error in the charges complained of. To test their correctness we must assume the truth of the facts which the testimony submitted to the jury tended to prove. It was the duty of the court to submit to the consideration of the jury the testimony adduced by the defendant to sustain the defences set up in his answer, and the charge should have been based on the hypothesis that the defences which the testimony tended to prove were proven. The evidence tended to show that no fraud was practised by the defendant in…
2Cases cited3 opinions
- Grube v. NicholsIllinois Supreme Court · 1864
- Reese v. BeckSupreme Court of Alabama · 1854
- Adams v. RobertsSupreme Court of the United States · 1844
3Cited by7 opinions
- Chicago & N. W. Ry. Co. v. GreenCourt of Appeals for the Eighth Circuit · 1947
- Chicago, Rock Island & Pacific Railroad Company, a Corporation v. George W. LintCourt of Appeals for the Eighth Circuit · 1954
- Rose Wong and Kent Wong v. Walter Swier and Laura SwierCourt of Appeals for the Ninth Circuit · 1959
- Missouri, K. & T. Ry. Co. v. WilhoitCourt of Appeals for the Eighth Circuit · 1908
- Alaska Airlines v. OszmanCourt of Appeals for the Ninth Circuit · 1950
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